The pharmaceutical company that manufactures the well-known Dolo tablets, an anti-inflammatory and fever reducer, has been charged by the Central Board of Direct Taxes for giving doctors free gifts worth Rs 1000 crore in exchange for prescribing a dosage of its 650 mg tablets, according to information provided to the Supreme Court on Thursday by an NGO.
Senior attorneys Sanjay Parikh and Aparna Bhat explained to a court of Justices DY Chandrachud and AS Bopanna that the government's price control mechanism regulates the market price of any tablet up to 500mg. They were speaking on behalf of the petitioner, "Federation of Medical and Sales Representatives Association of India." For medications containing more than 500 mg, the price can be set by the manufacturer, ie the Pharma Company.
The panel granted Parikh one week to submit his reply after requesting that Additional Solicitor General KM Nataraj respond to the appeal in ten days. The court granted a lawyer's request for permission to intervene on behalf of the pharmaceutical corporations, noting that it would be interested in hearing their views on the matter.
On March 11, the Supreme Court decided to consider a petition asking the Court to instruct the Centre to draft a Uniform Code of Pharmaceutical Marketing Practices to prevent unethical business practises by pharmaceutical companies and to guarantee an effective monitoring system, transparency, accountability, and sanctions for violations.
To control and regulate unethical marketing practises by pharmaceutical companies, the court was asked in a petition submitted by attorney Aparna Bhat to issue guidelines. Alternatively, the court was asked to make the existing Code binding with appropriate and reasonable modifications/additions, which should be abided by all authorities/courts in accordance with Articles 32, 141, 142, and 144 of the Constitution.
The plea added that the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations of 2002 prescribes a code of conduct for doctors in their relationship with the pharmaceutical and allied health sector industries and prohibit the acceptance of gifts and entertainment, travel facilities, hospitality, cash or monetary grants by medical practitioners from pharmaceutical companies.
It was claimed that unethical drug promotion could harm patients' health through overuse/over-prescription of medications, prescribing of medications in higher doses than necessary, prescribing of medications for longer periods of time than necessary, prescribing of medications for more conditions than necessary, and prescribing of an irrational combination of medications.
Pharmaceutical corporations are allegedly accused of using high-pressure promotion techniques to try and persuade doctors to prescribe irrational combo drugs in order to achieve significant sales.
(With inputs from various Media reports)